Aurora movie theater shooting trial set for Oct. 14

The judge has set a new trial date for the man accused of killing 12 people at a movie theater in Aurora in 2012.

KMGH

Courtroom sketch of James Holmes, Sept. 30, 2013.

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CENTENNIAL, Colo. - The judge has set a new trial date for the man accused of killing 12 people at a movie theater in Aurora in 2012.

Judge Carlos A. Samour set the trial for Oct. 14., after postponing it twice already.

Prosecutors are seeking the death penalty and defendant James Holmes has pleaded insanity. Either factor alone means extra time for special arguments and tests.

The original trial date was in August 2013. That was pushed to February 2014 after prosecutors announced they were seeking the death penalty, then the February date was abandoned when prosecutors requested that Holmes undergo a second mental health evaluation.

Earlier this month, Judge Samour granted the prosecutors' request, saying the initial state mental hospital evaluation was "incomplete and inadequate."

In court Thursday, the defense said it was likely to file a motion to modify or reconsider the order for a second mental health evaluation, according to 7NEWS Reporter Marshall Zelinger.

The defense was waiting on transcripts from last month's closed hearings before submitting a motion to reconsider the order.

Holmes' defense has until March 14 to file the objection.

The prosecution would have until March 21 to respond and the defense would have until March 26 to reply to that response. Then it would be up to the judge for render a final decision.

"We may seek an appeal," said Tamara Brady, attorney for Holmes.

The defense said if they believe the ruling is unconstitutional, they may appeal to the State Supreme Court.

"I'm comfortable with my ruling, so with that I'm still eager to set a trial date," Judge Samour responded.

The prosecution said it reached out to victims and they wanted the trial to start sooner, but agreed to the delay.

"I appreciate those wishes, but there's really nothing I can do about it," Judge Samour said. "It goes without saying we're all going to have to be flexible."

If there are no further delays, the pretrial status hearing will be on Sept. 5. That would be the day 6,000 jury summons would be sent out.

Court officials said they hope to get jury questionnaires from 3,300 - 3,900 people.

Jury selection would begin on the first day of the trial -- Oct. 14.

Copyright 2014 Scripps Media, Inc. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.